Disposed

Dharanidhar Patel v. State of Odisha

Orissa HC19 Nov 2020WP(C)/31288/2020

Case brief

AI extract

What is this about?

In this writ petition involving a plea for GP_FBenefits under old Rules and declaration of coverage under Orissa Civil Service Pension Rules 1992, the court held the petition not entertainable at this stage due to a pending representation. The court directed the respondent to consider the representation and decide within two months, with subsequent calculation of dues and 7% interest if delayed.

What did the court decide?

Direction to respondent to consider representation and decide entitlement within two months; if entitled, release dues and interest within fifteen days.

Dharanidhar Patel Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2020)

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W.P.(C) No.31288 of 2020

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19.11.2020 This matter is taken up through video

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conferencing.

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Heard learned counsel for the parties.

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This writ petition involves the following prayer:

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“Under the above circumstances, it is humbly prayed that the writ application be allowed;

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And

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a) a writ of Mandamus or an appropriate writ be issued commanding the opposite parties to allow the petitioners to avail the benefit of G.P.F. under the old Rules so also a further declaration be made that they are covered by the Orissa Civil Service (Pension) Rules, 1992 prior to its amendment by taking into account their initial date of appointment keeping in view the decisions held by the Punjab and Haryana High Court in Harbans Lal v. The State of Punjab and Ors ., (CWP No.2371 of 2010, decided on 31.8.2010), which has been upheld by the Hon’ble Apex Court in SLP(C) No.23578 of 2012 (SLP(C)…. CC No.17901 of 2011 disposed of on 30.07.2012 ( State of Punjab and others Vs. Harbans Lal ) and also in the case of Jeewan Lata v. State of Punjab and others , (CWP No.10238 of 2017 (O&M)) decided on 10.05.2019) with all consequential benefits;

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And

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b) any other order/orders or direction/ directions may be issued so as to give complete relief to the petitioners;

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And for this act of kindness, the petitioners shall as in duty bound ever pray.”

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For the nature of relief sought for and for pendency of the representation at the instance of the petitioners, vide Annexure-4 on the selfsame grounds, this writ petition is not entertainable at this stage and the same stands disposed of directing opposite party no.1 to look into the request of the petitioners, vide Annexure-4 and take a decision taking into account the development through Annexure-3 series and also keeping in view the decision referred to herein above within a period of two months from the date of communication of this order so also copy of the writ petition by the petitioners.

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It is further directed that after consideration of the representation in terms of the above order if it is found petitioners are entitled to get the benefit, the arrear as well as the current dues shall be calculated and released in favour of the petitioners within a period of fifteen days thereafter. It is further made clear that in the event payment involving petitioners are not released within the time stipulated hereinabove, it shall carry interest @ 7% per annum all through and the interest component shall be recovered from the authority responsible for such delay.

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The writ petition stands disposed of.

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Petitioners may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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……………………………. Biswanath Rath, J.

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kcb

Dharanidhar Patel v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dharanidhar Patel v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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